The judicial system of Kentucky functions continuously, at modest and
grand levels, and sets the course of Kentucky life and governance as profoundly as any other institution.1 On the face of it, the judiciary is established
for apparently mundane purposes--to determine the outcomes of disputes
between individuals and companies, to establish the innocence or guilt of
persons accused of crimes, and to direct the administration of trusts and
guardianships. Adjudications in these three areas (civil, criminal, and probate) are based on the Kentucky Constitution and statutes, and on the common law. The latter is a set of judicial precedents (beginning as far back as
pre-Revolutionary England) developed by courts to help organize society
where legislatures and constitution writers had not acted. As this chapter
demonstrates, Kentucky courts have often settled (and have sometimes been
the focus of) Kentucky's grandest conflicts, and they have often allowed
(and have sometimes been the cause of) some of Kentucky's deepest
changes. They have been central to Kentucky's political process from the beginning.

THE DEVELOPMENT OF KENTUCKY'S JUDICIARY

In prestatehood Kentucky, although the Kentucky County of Virginia had a
system of "lower" courts, all major matters--capital crimes on the criminal
side and land titles on the civil side--could be determined only in Virginia
proper. Most lower-level judgments could also be appealed to the Virginia
tribunals.2

Upon statehood, Kentucky began its long history of developing its own
judicial system. It initially faced all the problems of structure and policy that
it still faces today. How much control should other politicians and the voters

Print this page

While we understand printed pages are helpful to our users, this limitation is necessary
to help protect our publishers' copyrighted material and prevent its unlawful distribution.
We are sorry for any inconvenience.